Is each covenant in the Guaranty independent of any other covenant or provision in the Fly To Fit Franchise Agreement?

According to Fly To Fit's 2024 Franchise Disclosure Document, the Guarantor agrees that each covenant within the Guaranty is independent of any other covenant or provision in either the Guaranty itself or the Fly To Fit Franchise Agreement. This means that if one part of the agreement is found to be unenforceable, the rest of the agreement still stands. This applies specifically to the covenants not to compete outlined in the agreement.

This independence clause is designed to protect Fly To Fit's interests by ensuring that the non-compete obligations of the guarantor remain in effect even if other parts of the agreement are disputed or invalidated. It also clarifies that any claims the guarantor or franchisee may have against Fly To Fit do not excuse the guarantor from complying with the non-compete covenants.

Furthermore, if the guarantor fails to comply with the obligations under the non-compete section during the restrictive period, the restrictive period will be extended by an additional day for each day of noncompliance. This provision reinforces the importance of adhering to the non-compete terms and provides an additional layer of protection for Fly To Fit.